Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-17

General Hart said, as attorney 1Or tne
Anti-Debris Association, be appeared IN
opposition to the measure. First, he claimed
that the things undertaken to do, are per-
fectly impracticable. That which has
wrought ruin to the valley is the matter car
ried in suspension. If the miners washed
only powders, rocks, and small gravel, the
water would come into the valley clear.
He proposed to show that when the water
reached the valley, the current became re-
tarded and in consequence this matter car
ried in suspension was deposited in the
river channels and bays; also, that II was
impracticable with restraining dams to re-
strain this matter carried in solution. If
they want legislative permission to cover
up this valley with debris, they are asking
for something unconstitutional, and no
member who respects his oath OF ONCE
can support such measure. over SOU
000000 of property has been destroyed III
the valleys by hydraulic mining. If they
can construct q dam that will restrain min
ing debris why come TO the Legislature
and ask the passage of this bill, tor the
law already gives them that right. We
wish to introduce evidence to show that
IT Is AN IsiPossIBILITY
To restrain material carried in suspension,
and the material carried in suspension is
what we complain is what destroys our
farms, fills up our bays and RIVERS. The
rivers are the property of the people, held
in trust by the State for the people, and the
Legislature has no right to authorize their
destruction, but is bound to preserve them
for commerce The laws of this State now
permit the hydraulic miner to carry on his
work so long as he does so without injury
to others. They have power to construct
those dams now. They can under existing
laws combine companies, persons and in
terests for the construction of dams and the
impounding of debris. This all comes
within the general laws of this State, and
for all such purposes this bill is entirely
| unnecessary. This bill seeks to give an
| indirect right to do an illegal and uncon-
stitutional act. 1t appeals to the members
CT the committee as
MATTER OF LEGISLATIVE CONSCIENCE.
It will be the means of continuing expen-
sve litigation by giving semblance OF
| legality to that which OF itself is illegal and
wrong. Eventually, after much litigation,
| the Courts will declare it unconstitutional,
| but it will take the time and money of the
people of the valley, to say nothing OF the
| iditional destruction of their property.
The passage of this bill simply means the
giving of semblance of authority to the
hydraulic miner to resume operations,
which will renew the excitement between
sections, and precipitate litigation that
will take the Courts another ten years
to settle. The law plainly states
that there must be injury done before there
is ground for complaint, and if the by
draulic miners prosecute their work with
out damage to others the Courts will up
hold them. Those men whose mines do
no injury to the valleys or navigable
streams can establish that fact in the Courts,
THEIR INJUNCTION WILL BE DISSOLVED,
And they can prosecute the same uninter
ruptedly. There must be injury done be-
fore there is ground for complaint. The
law now permits them to run their mines,
build their dams, and we are perfectly
willing that they should do SO, provided
they keep their slickens to themselves.
K. T. Devlin said he and Judge S. G.
benson appeared for the Sacramento
County Board of Supervisors. He said the
passage of this bill would give the n.y.
drauiic miners the right to claim the priv
ilege to mine as of yore. He desired to put
in evidence of gentlemen present tiom
Suffer. Yolo. Yuba and Sacramento coun-
ties who would clearly demonstrate the
fact that the proposed
RESTRAINING DAMS WOULD NOT RESTRAIN
The material that wrought ruin in the
valleys.
Mr.. Campbell, Chairman of the commit
tee, said that they did not propose to go
into lengthy trial. All the committee
desired was to hear statements from the
representatives on both sides. Statements
as to what they proposed to prove could be
considered as well as the testimony ITSELF
Mr.. Devlin said the Costumes river was
small stream, which flowed through
comparatively level section. The mines
operated upon its upper waters were loose
soil, free from bowlders, the material such as
was carried in suspension. Years ago It's
banks were % or 30 feet above its bed, but
to-day the channel was almost entirely
obliterated, and the
FARMERS HAD TO PROTECT THEIR LANDS
From overflow by systems of large and ex-
pensive levees, while much bottom land
. was washed away.
Mr. Variel said we want legal right
to conduct those mines, If We can do so
without damage to others. he did not
come before the com mittee as the paid
attorney for any section, or in the interest
| of anv association. He was not hydraulic
miner, nor did he own any interest i'll that
character of mines. He claimed the author
| ship of the bill, he represented the county
of Plumas in the Assembly, and as
| legislator he claimed to represent the peo-
| pie not only of that section. but of the en-
| tire State His constituents asked the
| passage of this measure, and
he thought it one the business
| of which ought to appeal itself
to every air-minded man. In his opinion
| the State ought 10 appoint Commission
of mining and scientific engineers to ex-
! anime into the mines, their locations, their
| facilities for impounding debris, and when
| ever it could be done effectually then that
mine ought to be allowed to operate. He
said he knew it to be practicable in many
cases in his county, where he had resided
| for thirty-fve years, where he was well
| acquainted with its various valleys, gorges,
and knew that the debris could be entirely
| impounded If the valley people can urge
good reasons why this bill should not be-
come law let them do it. Don't
let us inaugurate this bitter contest between
the farmer and miner again. wish to save
some of these valuable mines, where 1t is
possible and where it can be done without
detriment to any one. Let us seek
conciliatory measures; let US act fairly,
sauarely and honestly about the matter.
The gentleman talks about vested rights IN
the valley. The decision of the Courts has
DESTROYED MORE VESTED RIGHTS
In the mining counties than ever saw
muddy water in the valleys.
Mr.. Sims, of the committee. said the po-
siiion taken by gentlemen in opposition to
this bill is that ii is impossible to restrain
the debris. They say that they protect
their lands with levees. If levees are eff
fectiye. why would not the dams hold back
the debris even in solution?
General Hart-l assume this IS an impair